Detailed answer — how a partition action works in Washington and steps when some owners won’t respond

A partition action lets one or more co-owners ask Superior Court to divide real property or sell it and split the proceeds. Chapter 7.60 of the Washington Revised Code covers partition remedies. See the statute chapter for the governing rules: RCW Chapter 7.60 (Partition).

Below are clear, practical steps you can follow if you inherited property in Washington and some co-owners are unresponsive.

1. Confirm ownership and whether probate is complete

• Check the county property records (auditor/recorder) to see how title is held. If title already lists the heirs or beneficiaries, a partition action can proceed against the named owners.
• If the decedent’s estate has not gone through probate, you may need to open probate (or a small estate proceeding) first to transfer title into the heirs’ names. Consult the local Superior Court probate clerk or the Washington statutes on probate rules for guidance.

2. Try an out-of-court resolution first

• Send a clear written demand proposing a division or sale and asking co-owners to respond by a specific date. Keep proof of delivery (certified mail or email read receipts if co-owners have agreed to electronic contact).
• Mediation or a buyout offer often saves time and money. If a majority of owners agree, you can document a sale or partition agreement without court involvement.

3. Prepare and file a partition complaint in the correct Superior Court

• File in the county where the property is located. A partition complaint generally must: identify the property with a legal description, name all known owners (defendants), state each owner’s claimed interest, and ask the court to partition the property in kind or order a sale and distribute proceeds.
• The complaint can also seek an accounting for rents, expenses, mortgages, taxes, and contributions for improvements.

4. Serving co-owners who don’t respond — use statutory service methods

Washington law requires you to serve the complaint on all defendants. If some owners won’t respond or are hard to locate, the court allows alternative service methods, including publication, when you follow the statutory procedures.

• Personal service (in-state) is preferred. If the co-owner lives out of state or cannot be found after reasonable effort, you may ask the court to allow service by publication.
• Service by publication and related requirements are governed by Washington civil procedure statutes. See the general statute for service by publication here: RCW 4.28.100 (Service by Publication).
• To obtain service by publication, you generally must file an affidavit or declaration showing due diligence — describe the efforts you made to locate the missing owner (searches, addresses used, mailings, contact attempts). The court will decide whether publication is appropriate and will set the publication schedule and any additional notice requirements.

5. If an owner never appears, the court can proceed

• Once the court authorizes publication and you comply, the case can move forward even if a defendant does not answer. The court can appoint a commissioner to divide or sell the property and distribute proceeds according to ownership shares.
• The court will also handle claims for liens, mortgages, taxes, and reimbursement for contributions. If an absent owner later appears, courts generally allow challenges but may limit relief depending on final orders and timing.

6. Partition options: in-kind vs. sale

• Partition in kind: the court orders a physical division of the parcel if feasible and fair.
• Partition by sale: if physical division is impractical or would substantially reduce value, the court orders sale and divides net proceeds among owners.
• The court has discretion to choose the method that is most equitable. See RCW Chapter 7.60 for statutory authority.

7. Practical timeline and costs

• Timelines vary. Simple, uncontested partitions can take a few months. Complex cases with publication, disputed interests, or title issues may take a year or longer.
• Costs include filing fees, service costs, publication fees, title and survey costs, possible commissioner fees, and attorney fees if you hire counsel. The court may allocate certain costs among parties in its discretion.

8. Special situations to watch for

• Unknown or missing heirs: if some heirs are unknown, the court may require notice by publication and may appoint a guardian ad litem or representative for unknown heirs in some cases.
• Clouds on title or unresolved probate: you may need a separate quiet title or probate action before partition if ownership is not clearly established.
• Mortgages and liens survive partition. Ensure encumbrances are addressed in the complaint so the court and buyers know what to expect.

Example (hypothetical): Jane, Sam, and the Estate of Pat own a house as tenants in common after Pat’s death. Jane sends demands to Sam and Pat’s heirs, but some heirs won’t respond. Jane files a partition complaint in the county where the house sits, lists all co-owners, tries personal service on unresponsive heirs, files affidavits of due diligence, and asks the court for publication under RCW 4.28.100. The court authorizes publication, a commissioner trades off whether to partition in kind, and eventually the court orders a sale and divides proceeds after paying liens and expenses.

Helpful hints — practical tips for success

• Start by getting a title report and a current property tax and mortgage status from the county assessor or auditor’s office.
• Document every attempt to contact absentee co-owners (phone calls, certified mail receipts, emails, social media messages, and searches of public records). Courts want evidence of diligent effort before allowing publication.
• Hire a local Washington attorney if ownership is disputed, title is unclear, or multiple jurisdictions are involved. An attorney can draft the complaint and affidavits correctly and handle complicated notice issues.
• Consider mediation or a buyout offer before filing. Court actions are public and can be costly.
• If you must use publication, expect the court to require publication for a specified number of weeks and possibly additional notice methods (posting on the property or sending mail to last-known addresses).
• Keep records of property expenses (taxes, maintenance, insurance). The court may offset an owner’s share for contributions or debts related to the property.
• Check local county Superior Court rules for filing and service requirements in that county (procedures and forms can vary).

Useful links:

• Washington partition statutes: RCW Chapter 7.60
• Service by publication statute: RCW 4.28.100
• Washington Courts — general forms and self-help resources: https://www.courts.wa.gov/forms/